Trojan Workforce No. 3 Pty Ltd
[2024] FWCA 701
•22 FEBRUARY 2024
| [2024] FWCA 701 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Trojan Workforce No. 3 Pty Ltd
(AG2024/324)
TROJAN WORKFORCE NO. 3 PTY LTD SITE SPECIFIC (SORBENT - BOX HILL) ELECTRICAL LABOUR HIRE AGREEMENT 2023-2025
| Industries not otherwise assigned | |
| DEPUTY PRESIDENT O’KEEFFE | PERTH, 22 FEBRUARY 2024 |
Application for approval of the Trojan Workforce No. 3 Pty Ltd Site Specific (Sorbent - Box Hill) Electrical Labour Hire Agreement 2023-2025
An application has been made for approval of an enterprise agreement known as the Trojan Workforce No. 3 Pty Ltd Site Specific (Sorbent - Box Hill) Electrical Labour Hire Agreement 2023-2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Trojan Workforce No. 3 Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.
The notification time for the Agreement under s.173(2) was 1 July 2022 and the Agreement was made on 31 January 2024. Accordingly, the genuine agreement requirements are assessed under the Act as those applying before 6 June 2023 and the better off overall test is that applying on and from 6 June 2023[1].
The Applicant expressed the view that the Agreement passes the Better Off Overall Test (BOOT) and provided a summary of why it expressed this view. Consistent with s.193A(3) of the Act I have given consideration to this view when determining whether the Agreement passes the BOOT. The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the CEPU), who were a bargaining agent, did not express a view as to whether the Agreement passes the BOOT.
I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.
The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the CEPU), lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the CEPU.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 February 2024. The nominal expiry date of the Agreement is 1 July 2025.
DEPUTY PRESIDENT
[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements that included those to effect described above.
Printed by authority of the Commonwealth Government Printer
<AE523631 PR771709>
0
0
0